This Day in Legal History: Monkey Selfie
On January 28, 2016, a federal judge in California dismissed a highly publicized copyright lawsuit that sought to establish whether a monkey could own intellectual property rights. The case stemmed from a 2011 incident in which a crested macaque named Naruto allegedly took a series of selfies using wildlife photographer David Slater’s unattended camera in Indonesia. The resulting images, particularly a striking self-portrait of the grinning primate, went viral and sparked widespread debate over authorship and ownership. In 2015, People for the Ethical Treatment of Animals (PETA) filed a lawsuit against Slater on Naruto’s behalf, asserting that the monkey was the true author and copyright holder of the images under the Copyright Act.
The case presented novel legal questions about the boundaries of authorship and whether non-human animals have standing to sue in federal court. U.S. District Judge William Orrick ruled that animals do not have statutory standing under the Copyright Act, which applies only to human authors. In his opinion, Orrick emphasized that Congress had not intended to grant copyright rights to animals, and that extending such rights would require legislative action rather than judicial interpretation.
The ruling did not settle the matter completely, as PETA appealed the decision. However, in 2018, PETA and Slater reached a settlement in which Slater agreed to donate a portion of any future revenue from the photos to organizations protecting macaques and their habitats. The case sparked lasting discussion about animal rights, legal personhood, and the reach of copyright law in the digital age. It also underscored how existing legal frameworks may be ill-equipped to address emerging questions posed by technology and non-human agency.
Several Democratic-led U.S. states are advancing legislation to allow individuals to sue federal immigration agents in state courts for alleged civil rights violations. This movement gained momentum after two fatal ICE encounters in Minneapolis and broader concerns over enforcement tactics under President Trump’s immigration policies. Illinois recently became the first state to pass such a law, but the Trump administration quickly filed a legal challenge, citing the Constitution’s Supremacy Clause, which gives federal law precedence over state law. Other states, including California, New York, and Virginia, are considering similar measures.
Supporters argue these laws would close an accountability gap, as federal agents—unlike state or local officials—are largely shielded from individual civil rights lawsuits. While Section 1983 of the U.S. Code allows such suits against state actors in federal court, no equivalent exists for federal officers. The Federal Tort Claims Act permits some claims against the U.S. government but not against agents personally, and it involves complex procedures. Legal experts say these state efforts could spark a major shift in the legal landscape, potentially giving courts a framework to hold federal agents accountable for constitutional violations.
The Department of Homeland Security has defended ICE’s actions and criticized the state proposals. Critics, including legal scholars, warn that parts of the Illinois law—such as those allowing punitive damages—may be unconstitutional. However, others maintain that the core idea of state-level accountability for federal misconduct is both lawful and necessary.
US state lawmakers push to allow lawsuits against ICE agents | Reuters
A Virginia judge blocked an attempt by state Democrats to advance a constitutional amendment that would have allowed them to redraw the state’s congressional map in their favor. Judge Jack Hurley, Jr. ruled that the process used to introduce the amendment was procedurally invalid and came too close to the state’s 2025 election. The decision halts a strategy that could have given Democrats control of up to 10 of Virginia’s 11 U.S. House seats, up from the six they currently hold.
Democratic leaders, including House Speaker Don Scott, have pledged to appeal the ruling. The blocked amendment was intended to be put before voters in a special election this spring, with a new electoral map released ahead of time for public consideration. With control of the narrowly divided U.S. House of Representatives at stake in the upcoming midterms, the decision is a significant setback for Democrats, who need only flip three seats to gain a majority.
The dispute is part of a broader national struggle over redistricting, with both parties pursuing aggressive map-drawing strategies in various states. Last year, Donald Trump encouraged Texas Republicans to redraw maps targeting Democratic incumbents, prompting Democratic-led states like California to follow suit in kind.
Judge blocks Virginia lawmakers’ bid for pro-Democratic voting map | Reuters
Top lawyers at U.S. litigation firm Susman Godfrey are now billing up to $4,000 per hour, setting a new high for hourly legal fees in 2026. The rate applies to prominent partners Neal Manne and Bill Carmody, whose hourly fees were already $3,000 last year. While most of their work is done on contingency or flat-fee arrangements, this hourly benchmark reflects growing price trends across elite law firms. Manne joked that their rate-setting process is as secretive as a papal conclave, and the firm has not disclosed how the figures were determined.
Susman Godfrey, based in Houston, is known for high-end litigation on both the plaintiff and defense side and offers above-average compensation, especially to associates. The rise in billing rates is part of a broader trend—major law firms raised their hourly rates by an average of 7% in 2025, according to a report by the Thomson Reuters Institute and Georgetown Law.
Other top firms are also pushing rate ceilings. Latham & Watkins reached $3,050 per hour for some partners in federal bankruptcy filings, while leading appellate lawyer Neal Katyal billed $3,250 at Milbank. Quinn Emanuel partners were billing at $3,000 an hour last year, according to court records.
As lawyer rates surge, US firm charges $4,000 an hour for top partners | Reuters
